International law; Natural law; War (International law)
V. Treaties founded upon obligations added to those of the law of
nature are either equal, or unequal. Equal treaties are those, by
which equal advantages are secured on both sides. The Greeks call them
ALLIANCES, and sometimes alliances upon an equal scale. But treaties
of the latter kind are more properly leagues than treaties, and where
one of the parties is inferior in dignity, they are called INJUNCTIONS,
or INJUNCTIONS ANNEXED TO COVENANTS. Demosthenes in his speech on
the liberty of the Rhodians says, all nations ought to guard against
forming such leagues, as approaching too near to servitude.
Treaties of both kinds, whether of peace or alliance are made from
motives of some advantage to the parties. By equal treaties of peace,
the restoration of prisoners, the restoration or cession of conquered
places, and other matters providing for its due maintenance, are
settled, a subject that will be more fully treated of hereafter, in
stating the effects and consequences of war. Treaties of alliance upon
equal conditions relate either to commerce, or to contributions for the
joint prosecution of a war, or to other objects of equal importance.
Equal treaties of commerce may vary in their terms. For instance it
may be settled that no duties shall be imposed upon the goods of the
subjects, belonging to each of the contracting powers: or that the
duties upon their respective commodities shall be lower than the duties
upon those of any other nation. The first of these examples may be
found in an ancient treaty between the Romans and Carthaginians, in
which there is a clause, making an exception of what is given to the
notary and public crier. Or it may be settled that no higher duties
than those existing at the time the treaty is made shall be imposed, or
that they shall not be augmented beyond a certain rate.
So in alliances of war the contracting parties are required to
furnish equal numbers of troops or ships, a kind of alliance which,
as Thucydides explains it, calls upon the united powers to hold the
same states for common enemies or friends: we find, in many parts
of Livy, alliances of this description among states, for the mutual
defence of their territories or for the prosecution of some particular
war, or against some particular enemy, or against all states excepting
their respective allies. Polybius has given a treaty of this kind,
made between the Carthaginians and Macedonians. In the same manner
the Rhodians bound themselves by treaty to assist Atigonus Demetrius
against all enemies except Ptolemy. There are other objects too for
which equal treaties are made. Thus one power may bind another to build
no forts in their neighbourhood which might prove an annoyance, to give
no encouragement to rebellious subjects, to allow the troops of an
enemy no passage through their country.
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